C-428
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-428
An Act to amend the Old Age Security Act (residency requirement)
first reading, June 18, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Ms. Dhalla
402246
SUMMARY
This enactment amends the Old Age Security Act to reduce from ten years to three years the residency requirement for entitlement to a monthly pension.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-428
An Act to amend the Old Age Security Act (residency requirement)
Whereas the current ten-year residency requirement places undue hardship on recent immigrants who are seniors in that they are unable to adequately access old age security benefits;
R.S., c. O-9
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of the definition “specially qualified individual” in section 2 of the Old Age Security Act before paragraph (a) is replaced by the following:
“specially qualified individual”« particulier déterminé »
“specially qualified individual” means a person who has not resided in Canada after attaining eighteen years of age for an aggregate period of three or more years other than such a person to whom a pension or allowance was payable
2. (1) Subparagraph 3(1)(b)(iii) of the Act is replaced by the following:
(iii) has resided in Canada for the three years immediately preceding the day on which that person's application is approved or, if that person has not so resided, has, after attaining eighteen years of age, been present in Canada prior to those three years for an aggregate period at least equal to three times the aggregate periods of absence from Canada during those three years, and has resided in Canada for at least one year immediately preceding the day on which that person's application is approved; and
(2) Paragraph 3(2)(b) of the Act is replaced by the following:
(b) has resided in Canada after attaining eighteen years of age and prior to the day on which that person's application is approved for an aggregate period of at least three years but less than forty years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which that person's application is approved.
3. Paragraph 19(1)(c) of the Act is replaced by the following:
(c) in the case of a spouse, common-law partner or former common-law partner, has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least three years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.
4. Paragraph 21(1)(b) of the Act is replaced by the following:
(b) has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least three years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada